Patna High CourtCR. MISC./5845/2024bail granted

Nanhik Rai @ Nanhaki Rai @ Nanki Ray v. The State Of Bihar

2024-02-16Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5845 of 2024 Arising Out of PS. Case No.-496 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== Nanhik Rai @ Nanhaki Rai @ Nanki Ray S/o Late Butan Rai R/o Village - Karneji P.S. - Vaishali (Belsar O.P.) District - Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Bela Singh For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 32(2), 41(1) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 198 litres of liquor from a shrub beside the road near the bore-well of Amarjeet Rai.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is also submitted that even alleged recovery is from a place, which does not belong to the petitioner and which is accessible to public at

Patna High Court CR. MISC. No.5845 of 2024(2) dt.16-02-2024 2/2 large. It is further submitted that petitioner, based on secret information, came to be implicated, which is the easiest way to implicate someone, when admittedly petitioner is a person with clean antecedent.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.II, Vaishali at Hajipur in connection with Vaishali (Belsar O.P.) P. S. Case No.496 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T